Wage & Hour Webinar: Rights on the Job for Immigrant Workers

April 27, 2017 @ 2:00 pm – 3:15 pm

NELP Wage & Hour Webinar: Rights on the Job for Immigrant Workers
Register here

The Trump Administration’s attack on immigrants is likely to have far-reaching consequences for the ability of immigrant workers to assert and defend their rights in the workplace. The Administration’s efforts to vastly increase the number of Immigration and Customs Enforcement and Border Patrol agents will no doubt embolden more employers to retaliate or threaten to retaliate against workers, and the chance that federal immigration authorities will target workplaces has increased significantly. 

National Employment Law Project and National Immigration Law Center invite you to participate in this webinar to learn more about the nature and status of the following key federal protections for immigration workers:

  • Worksite Enforcement Memorandum of Understanding (MOU) between the Department of Homeland Security and the U.S. Department of Labor, the Equal Employment Opportunity Commission, and the National Labor Relations Board. This MOU, designed to protect workers engaged in a labor dispute with their employer from simultaneous worksite immigration audits, is at risk under the Trump Administration.
  • ICE Memorandum Regarding Form I-9 Audits During Labor Disputes (replacing the prior INS Operating Instruction 287.3a). This guidance, which directs ICE agents to consider labor disputes when conducting I-9 audits and other worksite investigations, was recently updated.
  • U-Visas for Immigrant Victims of Crimes in the Workplace. In addition to general updates, we’ll discuss what the recent decisions in EEOC v. Koch Foods of Mississippi mean for the confidentiality of U-visa certification requests.
  • Prosecutorial Discretion for Immigrant Workers Involved in a Labor Dispute. DHS has recently rescinded the Victim’s Memo upon which advocates were basing these requests for deferred action.
  • Confidentiality of Labor Records. The Interior Enforcement Executive Order issued January 25, 2017, which rescinded Privacy Act protections for any immigrant who is not a U.S. citizen or lawful permanent resident, has potential implications for the U-visa certification requests and prosecutorial discretion requests in the custody of federal labor agencies.


M. Patricia Smith, Former Solicitor of Labor with the U.S. Department of Labor and NELP Senior Counsel
Matthew Ginsburg, Associate General Counsel, AFL-CIO
Eunice Hyunhye Cho, Staff Attorney, Southern Poverty Law Center
Additional panelists to be determined.